SC Rejects Govt Stand On Creating New Posts In District Judiciary: Issues Directions [Read Judgment]

SC rejected the government stand that new posts in district judiciary should be created only after 90 per cent of the sanctioned strength has been filled up.The Supreme Court in Imtiyaz Ahmad vs. State of UP, has ruled that the required judge strength of the district judiciary shall be computed for each state in accordance with the interim approach suggested by the National Court. The Supreme Court in Imtiyaz Ahmad vs. State of UP, has ruled that the required judge strength of the district judiciary shall be computed for each state in accordance with the interim approach suggested by the National Court Management Systems Committee. Hence, a scientific assessment of the required judge strength will form the basis of ensuring that the state governments put into place the infrastructure required for tackling judicial delays.” The court then ordered that until the NCMSC formulates a scientific method for determining the basis for computing the required judge strength of the district judiciary, the judge strength shall be computed for each state, in accordance with the interim approach indicated in the note submitted by the NCMSC chairperson. The Bench has issued the following Directions: i) Until NCMSC formulates a scientific method for determining the basis for computing the required judge strength of the district judiciary, the judge strength shall be computed for each state, in accordance with the interim approach indicated in the note submitted by the Chairperson, NCMSC; ii) NCMSC is requested to endeavour the submission of its final report by 31 December 2017; iii) A copy of the interim report submitted by the Chairperson, NCMSC shall be forwarded by the Union Ministry of Law and Justice to the Chief Justices of all the High Courts and Chief Secretaries of all states within one month so as to enable them to take follow-up action to determine the required judge strength of the district judiciary based on the NCMSC interim report, subject to what has been stated in this judgment; iv) The state governments shall take up with the High Courts concerned the task of implementing the interim report of the Chairperson, NCMSC and take necessary decisions within a period of three months from today for enhancing the required judge strength of each state judiciary accordingly; v) The state governments shall cooperate in all respects with the High Courts in terms of the resolutions passed in the joint conference of Chief Justices and Chief Ministers in April 2016 with a view to ensuring expeditious disbursal of funds to the state judiciaries in terms of the devolution made under the auspices of the Fourteenth Finance Commission; vi) The High Courts shall take up the issue of creating additional infrastructure required for meeting the existing sanctioned strength of their state judiciaries and the enhanced strength in terms of the interim recommendation of NCMSC; vii) The final report submitted by NCMSC may be placed for consideration before the Conference of Chief Justices.